Lyme Planning Board Minutes
September 23, 2004
Board Member & Staff: Present: Freda Swan, Dave Swanz, Jeanie McIntyre, Jack Elliott, Dan Brand, and Dan Karnes Absent: Pete Bleyler
Public: Fred & Catherine King, Peg Van Norden, Chuck & Claire Toner
Item 1: Approval of Minutes: Dan Brand made a motion to approve the minutes of September 9, 2004. Jeanie McIntyre seconded the motion, and unanimous agreement followed.
Item 2: Fred & Catherine King Informal Discussion: Fred King presented a survey of his property which was made for a 1984 subdivision. He told the Board he would like to know what options he has for subdivision. His and Catherine’s home lot is Map 409, Lot 71 which is 14.9 acres on the west side of Isaac Perkins Road. They also own a 14.1 acre lot (Map 409, Lot 63) with about 1400’ of frontage on both Isaac Perkins Road and Baker Hill Road. Fred King stated he had visited Victoria Davis who had done the lot size calculations for each of the King lots: Lot 71 has an approximate lot size of 9 acres and Lot 63 has an approximate lot size of 12 acres. Peg Van Norden, Realtor for the Kings, explained although the Kings may not want to sell off any land yet,
they want to make sure that each of the two lots has enough lot size to allow subdivision in the future. Fred King stated he also wants to add to the home lot from the other lot to make sure no one builds across the road from his home. This would require a lot line adjustment and could add enough lot size needed to subdivide the lot into two lots in the future.
There was some discussion about future subdivision, and it was pointed out that if there was only one minor subdivision within 10 years, the lot size would not be an issue as the conservation district reductions would be waived in this case to determine lot size. Freda Swan also mentioned lot size averaging in case this might interest the Kings. She also pointed out that a soils scientist might be able to prove that the soils were not agricultural. If not, the Kings would have to prove they could not build on non-agricultural soils, and could only build on 25% of the agricultural soils and put the remaining 75% into a zoning easement. The Board felt it was important to consider the location of agricultural soils when determining lot lines.
Fred King stated that the road through Lot 71 is at least in part a Class V road. He said he had confirmed this with Dick Jones, Selectman. Freda Swan stated if the town does not maintain the road, it loses its Class V status. Fred King responded that although he plows it, the town sands it. Peg Van Norden stated the Kings would be interested in moving this road to the center of the lot instead of its current location. There was also a discussion of the current use status. The Board directed the Kings to the Selectboard to determine the most current laws about current use when there is a subdivision.
Item 3: ZBA Request for Planning Board Review of Clark Maps: Victoria Davis explained that the ZBA is struggling with the Ray Clark application for a variance to build within the steep slopes conservation district. They have requested input from the Planning Board about the intent of showing the proposed buildings on the approved plan—can these buildings be built in another location? Ray Clark began building a house and barn without a building permit on Map 406, Lot 22.2. A cease and desist order was issued although it was later lifted on the barn. They are not in the locations shown on the approved plan. This is one of the lots in a minor subdivision previously approved by the Planning Board in 2003. Three maps were reviewed: 1.) a survey map of the subdivision
approved by the Planning Board, done by Lawrence Associates, and last revised on 05/25/03; 2.) a site plan of the “Graf Property” by James Kennedy dated 6/6/01; and 3.) a revised version of a site plan of the “Graf Property” by James Kennedy last revised 9/7/04. All of these maps show the steep slopes conservation district. During the ZBA hearing, it was determined that the steep slopes are different on the various maps.
It was further explained that the ZBA denied an Administrative Appeal by Ray Clark that Victoria Davis, Zoning Administrator does not determine the steep slopes appropriately. She determines the slopes within a 100’ horizontal distance. This was affirmed by the ZBA.
The Planning Board determined that unless they require a “building envelope” which would be shown on the final plan, they do not care if the building sites are moved around as long as they do not violate any town regulation or ordinance such as building within a conservation district. Freda Swan will write a letter to the ZBA to clarify this. The ZBA variance hearing had been continued to September 28th.
Item 4: Other Business: The Subdivision Regulations amendments were discussed. Jeanie McIntyre will review the regulations to find an appropriate place and language to discuss “building envelope.” Dan Brand pointed out some changes which might help clarify the new reference to Low-Impact Development design. Freda Swan is still working with Mike Hinsley, Fire Chief to clarify the fire protection section. It was noted that the applications should also be amended.
The Driveway Regulations have been on the “back burner” due to the many other Board obligations. It was determined they would have to stay there until the Subdivision Regulations and Zoning Ordinance amendments were complete. Freda Swan noted at a recent workshop, it was recommended to require a certain sight distance (the speaker used 400’) in all seasons. This would ensure that leaf cover would not impede the sight distance. Victoria Davis will e-mail the Driveway Regulations and any suggested amendments out to the Board for their review. She also distributed the first rough draft of potential zoning amendments. Freda Swan asked that the zoning amendments be added to the next meeting agenda.
The Ridgeline/Hillside Conservation District Subcommittee will hold a meeting at 4:00 PM at the town offices on Monday, September 27th. Victoria Davis will post this meeting.
Freda Swan stated she would like to talk with Tara Bamford, Director of the RPC and Victoria Davis to determine which elements of the master plan can be done in-house and which should be completed by the RPC. A budget will be determined in this process.
Jeanie McIntyre stated she had reviewed the list of fire ponds required by the Planning Board during subdivision approval. It looked fine as far as she knew. Freda Swan will review this list as well. Jeanie McIntyre expressed concern that the way the Planning Board requires these ponds may not be effective or clear. She gave the example if the Board requires the pond to be built once the third house is built, it is not clear who is responsible to build the pond, and the original developer may not be around anymore.
Item 4: Charles & Claire Toner/Charles & Tom Toner Lot Line Adjustment Hearing: Chuck Toner presented his survey dated April 23, 2004 showing his proposed lot line adjustment. His and Claire’s lot is 1.98 acres (Map 405, Lot 1). The house, septic system, and part of the garage are off this lot and are located on Chuck & Tom Toner’s lot (Map 405, Lot 21) which is currently about 41 acres. Chuck & Claire Toner would like to annex 0.94 acres so their buildings and septic system will be on their property. Jack Elliott reviewed the application requirements for completion. A waiver was needed for II. A. 4. which requires that both lots be surveyed. The Board determined it was not necessary and burdensome to require that the 41 acres be surveyed. In addition, it was noted that many lots abutting this lot had already been surveyed. It was also noted that a waiver could be given for III. C. so the Planning Board Chair does not have to sign the deed.
It was noted that the easement holders should be added to the map. They had been provided on the notice list which the Toners will give to the surveyor for a revision to the final plan.
Jeanie McIntyre made a motion to grant the two waivers. Dave Swanz seconded the motion, and unanimous agreement followed. Jack Elliott made a motion to deem the application complete with the two waivers and the revision to add the easement holders. Jeanie McIntyre seconded the motion, and unanimous agreement followed.
Jeanie McIntyre asked that Map 405, Lot 21 be checked to insure that the proposed lot line adjustment would not make the lot nonconforming. It was determined that it would not.
Victoria Davis stated she had been told that the Toners’ lot (Map 405, Lot 1) had not been approved for subdivision. The Toners said it had been approved. She checked the file during the meeting, and it had received subdivision approval in 1975. There was also a law suit involving the Chuck & Tom Toner lot (Map 405, Lot 21) involving a potential two acre lot within the 41 acres. Victoria Davis displayed a sketch by Carole Bont from an old deed which showed the purported two acre lot on the other side of lot 21 away from the proposed lot line adjustment.
Jeanie McIntyre made a motion to approve the lot line adjustment subject to the condition that “Parcel A become part and parcel with Map 405 Lot 1.” Dave Swanz seconded the motion, and unanimous approval followed.
The meeting adjourned at 9:45 pm.
Submitted by,
Victoria Davis
Planning & Zoning Administrator
Tentative Meeting Agenda for October 14, 2004:
7:30 Approve minutes of the September 23, 2004 meeting
7:40 Bob DeFranco/Ann Bracken Informal Discussion (subdivide Map 401, Lot 13.1)
8:00 Mike Smith/Sandy Kelsey Lot Line Adjustment Hearing
8:45 Zoning Ordinance Amendments
Set date for Subdivision Regulation Amendments Hearing
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